Consolidated Contractors International Company SAL & Anor v Masri

Consolidated Contractors International Company SAL & Anor v Masri

The court ordered an 80%/20% split of costs in favour of Mr Masri, summarily assessed the costs, allowed inclusion of late written submissions, and ordered immediate release of £63,533 from the security paid into court, with the balance retained pending further proceedings.

Parties
Debtor/appellant/applicant: Consolidated Contractors International Company SAL; Debtor/appellant/applicant: Consolidated Contractors (Oil and Gas) Company SAL; Creditor/respondent: Munib Masri
Jurisdiction
England and Wales
Judgment Date
03 February 2011
Procedural Posture
Civil Appeal / Post Judgment Consequential Costs Determination
Outcome
Costs apportioned 80%/20% in favour of respondent; summary assessment; partial release of security for costs.
Legal Topics
Costs, Appeals, Security for Costs
Civil Procedure Commercial Law Costs Appeals Security for Costs

Case Brief

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Parties

Consolidated Contractors International Company SAL

Debtor/appellant/applicant

Consolidated Contractors (Oil and Gas) Company SAL

Debtor/appellant/applicant

Munib Masri

Creditor/respondent

Procedural Posture

Civil Appeal / Post Judgment Consequential Costs Determination

Legal Issues

  1. 1 allocation of costs following partial success on appeal
  2. 2 assessment of costs
  3. 3 release of security for costs

Ratio Decidendi

The court ordered an 80%/20% split of costs in favour of Mr Masri, summarily assessed the costs, allowed inclusion of late written submissions, and ordered immediate release of £63,533 from the security paid into court, with the balance retained pending further proceedings.

Court Disposition

Costs apportioned 80%/20% in favour of respondent; summary assessment; partial release of security for costs.

Orders

  • Respondent awarded 80% of adjusted appeal costs (£18,533) and 20% as costs in application to exclude evidence or contempt application.
  • Costs of hearing before Steel J remain as previously ordered (£45,000 on account pending detailed assessment).